Madras High CourtWP(MD)/2894/2017disposed of

Arasan, S/O.Rasuthevar v. The District Collector

2025-11-03Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Arasan ... Petitioner Vs.

1.The District Collector, Theni District.

2.The Tahsildar (Land Survey), Antipatti Taluk, Theni District.

3.Velandinayakkar 4.Sivakumar 5.Paulraj ... Respondents (R3 to R5 are impleaded vide order dated 08.09.2022 in W.M.P.(MD)No.2634 of 2017 in W.P.(MD)No.2894 of 2017 by VBSJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents to consider the petitioner's representation dated 10.02.2017. 1/4

For Petitioner : No appearance For Respondents : Mr.S.Kamaeswaran, Government Advocate for R1 & R2.

ORDER

None appears for the writ petitioner.

2.The prayer in the writ petition is that the petition mentioned land should not be surveyed. The reason for making such prayer was pendency of O.S.No.127 of 2014 on the file of the District Munsif Court, Andipatti during the relevant time. The said suit was dismissed on 27.06.2025. Therefore, the writ prayer may not survive. 3.Be that as it may, before conducting survey, the authority must issue notice to the writ petitioner. Sufficient breathing time must be given. If the petitioner is able to obtain any restraint order, the authority will not conduct any survey. If the petitioner is not able to obtain interim order, the survey will definitely take place. 2/4

4.With the aforesaid observations, this writ petition is disposed of. No costs.

03.11.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, Theni District.

2.The Tahsildar (Land Survey), Antipatti Taluk, Theni District.

3/4

G.R.SWAMINATHAN, J.

ias 03.11.2025 4/4